[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Rules and Regulations]
[Pages 48844-48846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12627]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0195]
RIN 1625-AA00


Safety Zone; Narragansett Bay, Newport, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the East Passage, Narragansett Bay, RI. This action 
is necessary to provide for the safety of life on these navigable 
waters near East Passage, Narragansett Bay, RI, during a sailboat race. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Southeastern 
New England or a designated representative.

DATES: This rule is effective from 10:30 a.m. on June 21, 2024, through 
6:30 p.m. on June 22, 2024. The rule will only be subject to 
enforcement from 10:30 a.m. to 6:30 p.m. on June 21, 2024, unless the 
event time is changed because of weather conditions in which case it 
may be subject to enforcement those same hours on June 22, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0195 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MST2 Christopher Matthews, Waterways Management Division, 
Sector Southeastern New England, U.S. Coast Guard; telephone 571-610-
4969, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 31, 2024, an organization notified the Coast Guard that 
it will be conducting a sailboat race from 10:30 a.m. to 6:30 p.m. on 
June 21, 2024, with a rain date of June 22, 2024. The sailboat race 
will launch from the East Passage in Narragansett Bay south of Rose 
Island.
    After determining that establishment of a safety zone was necessary 
to provide for the safety of life, property, and the environment during 
the sailboat race, on April 2, 2024, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled ``Safety Zone; Narragansett Bay, 
Newport, RI'' 89 FR 22645. There we explained why we issued the NPRM 
and invited comments on our proposed regulatory action related to this 
sailboat race. During the comment period that ended May 2, 2024, we 
received two comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The comment period for the NPRM 
associated with the sailboat race ended on May 2, 2024, and the race is 
scheduled to begin June 22, 2024. Thus, there is insufficient time to 
allow for 30 days before the rule becomes effective. Delaying the 
effective date of this rule would be impracticable because prompt 
action is needed to respond to the potential safety risks associated 
with the sailboat race.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Southeastern New England (COTP) 
has determined that there are potential hazards associated with the 
sailboat race on June 21, 2024. The purpose of this rule is to ensure 
safety of vessels and the navigable waters in the safety zone before, 
during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published 
April 2, 2024. The comments did not pertain to the proposed rule. One 
comment was unrelated to our rule, referring to wind farms, while the 
other was an incomplete comment. There is one editorial change to the 
regulatory text of this rule from the proposed rule in the NPRM. 
Specifically, we corrected ``security zones'' to ``safety zones''.
    This rule establishes a safety zone from 10:30 a.m. to 6:30 p.m. on 
June 21, 2024, with a rain date of June 22, 2024. The safety zone 
covers one of three possible locations depending on the weather. Safety 
Zone ``A'' will cover all navigable waters from an area just south of 
Rose Island near Fort Adams. Safety

[[Page 48845]]

Zone ``B'' for inclement weather will cover all navigable waters near 
Brenton Point. Safety Zone ``C'' will cover all navigable waters from 
an area south of Rose Island near Castle Hill, RI.
    The location of the Safety Zone ``A'' is as follows:

------------------------------------------------------------------------
           Latitude                             Longitude
------------------------------------------------------------------------
41[deg]29'08'' N                071[deg]20'04'' W: thence to
41[deg]28'27'' N                071[deg]20'40'' W: thence to
41[deg]28'38'' N                071[deg]21'14'' W: thence to
41[deg]29'25'' N                071[deg]20'52'' W: and thence to the
                                 point of beginning.
------------------------------------------------------------------------

    If weather conditions prohibit a safe race start within the 
approach to Newport Harbor using Safety Zone ``A'' the race will begin 
offshore using Safety Zone ``B'' or Safety Zone ``C'':
    The location of the Safety Zone ``B'' is as follows:

------------------------------------------------------------------------
           Latitude                             Longitude
------------------------------------------------------------------------
41[deg]26'04'' N                071[deg]22'16'' W: thence to
41[deg]25'36'' N                071[deg]21'58'' W: thence to
41[deg]25'21'' N                071[deg]22'38'' W: thence to
41[deg]25'49'' N                071[deg]22'56'' W: and thence to the
                                 point of beginning.
------------------------------------------------------------------------

    The location of the Safety Zone ``C'' is as follows:

------------------------------------------------------------------------
           Latitude                             Longitude
------------------------------------------------------------------------
41[deg]27'57'' N                071[deg]21'44'' W: thence to
41[deg]27'16'' N                071[deg]22'00'' W: thence to
41[deg]27'27'' N                071[deg]22'50'' W: thence to
41[deg]28'08'' N                071[deg]22'34'' W: and thence to the
                                 point of beginning.
------------------------------------------------------------------------

    The starting line will take place within one of the regulated areas 
and will be decided prior to the race pending current weather 
conditions. The starting line box will be the restricted part of the 
waterway within the regulated area and that exact location will be 
broadcasted prior to the race start. The duration of the safety zone is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled sailboat race. No vessel or 
person is permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or by phone at 866-819-9128. Persons and 
vessels permitted to enter this safety zone must transit at their 
slowest safe speed and comply with all lawful directions issued by the 
COTP or a designated representative. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the planned schedule. The regulatory text appears at the end 
of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time of day of the regulated area. We expect 
the adverse economic impact to this area to be minimal. Although this 
regulation may have adverse impact on the impact, the potential impact 
will be minimized for the following reasons: the safety zone will be in 
effect for a maximum of 8 hours during the day of the event; vessels 
will only be restricted from the area in the East Passage of the 
Narragansett Bay during those limited periods when the races are 
actually on going; there is an alternate route, the West Passage of 
Narragansett Bay, that does not add substantial transit time, is 
already routinely used by mariners, and will not be affected by this 
safety zone. Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners (BNMs) via VHF-FM marine channel 16 about the area, and the 
rule will allow vessels to seek permission to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have Tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes,

[[Page 48846]]

or on the distribution of power and responsibilities between the 
Federal Government and Indian Tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting 8 hours that would prohibit entry within the 
regulated area in Narragansett Bay near Newport, RI. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T01-0195 to read as follows:


Sec.  165.T01-0195  Safety Zone; Narragansett Bay, Newport, RI.

    (a) Location. Only one safety zone will be enforced based on the 
local weather conditions the day of the race. We will make notice of 
exactly what safety zone will be enforced via Broadcast Notice to 
Mariners via marine channel 16 (VHF-FM).
    The following areas are safety zones.
    (1) Safety Zone ``A'' encompasses all navigable waters located 
within the following latitude and longitude points:

------------------------------------------------------------------------
           Latitude                             Longitude
------------------------------------------------------------------------
41[deg]29'08'' N                071[deg]20'04'' W: thence to
41[deg]28'27'' N                071[deg]20'40'' W: thence to
41[deg]28'38'' N                071[deg]21'14'' W: thence to
41[deg]29'25'' N                071[deg]20'52'' W: and thence to the
                                 point of beginning.
------------------------------------------------------------------------

    (2) Safety Zone ``B'' encompasses all navigable waters located 
within the following latitude and longitude points:

------------------------------------------------------------------------
           Latitude                             Longitude
------------------------------------------------------------------------
41[deg]26'04'' N                071[deg]22'16'' W: thence to
41[deg]25'36'' N                071[deg]21'58'' W: thence to
41[deg]25'21'' N                071[deg]22'38'' W: thence to
41[deg]25'49'' N                071[deg]22'56'' W: and thence to the
                                 point of beginning.
------------------------------------------------------------------------

    (3) Safety Zone ``C'' encompasses all navigable waters located 
within the following latitude and longitude points:

------------------------------------------------------------------------
           Latitude                             Longitude
------------------------------------------------------------------------
41[deg]27'57'' N                071[deg]21'44'' W: thence to
41[deg]27'16'' N                071[deg]22'00'' W: thence to
41[deg]27'27'' N                071[deg]22'50'' W: thence to
41[deg]28'08'' N                071[deg]22'34'' W: and thence to the
                                 point of beginning the point of
                                 beginning.
------------------------------------------------------------------------

    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Southeastern New England (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zones described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative on VHF-FM channel 16 or by telephone at 508-457-3211. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section will be enforced from 10:30 
a.m. to 6:30 p.m. on June 21, 2024, or June 22, 2024. To alleviate the 
effects of this rule on the public, the COTP may elect to temporarily 
suspend enforcement of these safety zones.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through local notice to mariners 
and Broadcast Notices to Mariners of the enforcement period for the 
regulated area as well as any changes in the planned schedule.

Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2024-12627 Filed 6-7-24; 8:45 am]
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